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2010 (2) TMI 1315 - HC - Indian LawsNegotiable Instruments Act - offence punishable u/s 138 - cheque not issued on the date mentioned - ascertaining the age of the writings and the age of the ink used for the writing - HELD THAT:- Considering the matter on record and relying on different decisions we are of opinion that there is no expert in terms of Section 45 of the Indian Evidence Act available who could be in a position to offer any opinion regarding the age of the ink by adopting any scientific method. In view of all the above, we are inclined to interfere with the order of the learned Sessions Judge. In the result, the revision is allowed and the impugned order of the learned Sessions Judge is set aside and the order of the learned Judicial Magistrate No. II, Pollachi is restored. Consequently, connected Miscellaneous Petition is closed.
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